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Case 4:06-cv-01535-JMM Document 6 Filed 10/23/2006 Page 1 of 2
AMENDED ORDER
Before the Court is plaintiff’s pro se Motion to Proceed In Forma Pauperis and Motion
for Appointment of Counsel. For the reasons stated below, the motions are denied (#1 and #3).
The In Forma Pauperis statute, 28 U.S.C. § 1915, is designed to ensure “that indigent
persons will have equal access to the judicial system.” Greaser v. State of Mo., Dep’t of
Corrections, 145 F.3d 979, 985 (8th Cir. 1998). The decision of whether to grant or deny in
forma pauperis status under section 1915 “is within the sound discretion of the trial court.”
Cross v. General Motors Corp., 721 F.2d 1152, 1157 (8th Cir. 1983).
Plaintiff’s earnings from her current employment of $53,000 per annum and her assets
which include stocks do not entitle her to be treated as indigent and (1) to be excused from
payment of the filing fee of $350.00 to initiate her complaint or (2) to have an appointed counsel.
1
Plaintiff should be aware that Under Title VII, plaintiff must file her lawsuit within 90
days of the receipt of her right to sue letter and a dismissal without prejudice will not toll that 90-
day period.
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Case 4:06-cv-01535-JMM Document 6 Filed 10/23/2006 Page 2 of 2
advised that she will be responsible, once the filing fee is paid, for obtaining service of process
Plaintiff is given notice of Local Rule 5.5(c)(2) of the United States District Courts for
the Eastern and Western Districts of Arkansas which states that pro se litigants are required to
monitor the progress of their case, to prosecute or defend the action diligently, and to respond to
any communication from the Court within thirty (30) days or their case could be dismissed
without prejudice.
Plaintiff should be aware that her complaint may be subject to a motion to dismiss or a
James M. Moody
United States District Judge